Environment Management (Prohibition of Plastic Carrier

ISSNBags)
0856 - 034X
GN. NO. 394 (Contd.)
THE UNITED REPUBLIC OF TANZANIA
Supplement No 20 17th May, 2019

SUBSIDIARY LEGISLATION
to the Gazette of the United Republic of Tanzania No.20. Vol.100 dated 17th May, 2019
Printed by the Government Printer, Dodoma by Order of Government

GOVERNMENT NOTICE NO. 394 published on 17/5/2019

THE ENVIRONMENT MANAGEMENT ACT

(CAP. 191)
________

REGULATIONS
_________

(Made under section 230(2)(f))

THE ENVIRONMENT MANAGEMENT

(PROHIBITION OF PLASTIC CARRIER BAGS) REGULATIONS, 2019

ARRANGEMENT OF REGULATIONS

Regulation Title

PART I
PRELIMINARY PROVISIONS

1. Citation
2. Application
3. Interpretation

PART II
OBJECTIVES

4. Objectives of the regulations

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 Environment Management (Prohibition of Plastic Carrier Bags)
GN. NO. 394 (Contd.)

PART III
PROHIBITION ON PLASTIC CARRIER BAGS

5. Prohibition of plastic carrier bags

6. Prohibition of plastic wrappings
7. Prohibition on new licences
8. Offences and penalties

PART IV
EXEMPTIONS

9. Exemption of plastic packaging

10. Management of waste exempted plastic packaging
11. Quality standards of exempted plastic packaging
12. Duty to manage plastic wrappings

PART V
COMPLIANCE AND ENFORCEMENT

13. Powers of the Minister

14. Integrated enforcement and compliance
15. Role and functions of Local Government Authorities
16. Powers of Environmental Inspectors

PART VI
GENERAL PROVISIONS

17. Repatriation of plastic bags

18. Confiscation and disposal of plastic bags
19. Mandatory take-back of plastic bottles
20. Compounding of Offence
21. Orders issued by the Court
22. Appeals to the Minister
23. Appeals to the Tribunal
24. Revocation

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GN. NO. 394 (Contd.)

THE ENVIRONMENTAL MANAGEMENT ACT

(CAP. 191)
_______

REGULATIONS
_______

(Made under section 230 (2) (f))

THE ENVIRONMENTAL MANAGEMENT

(PROHIBITION OF PLASTIC CARRIER BAGS) REGULATIONS, 2019

PART I
PRELIMINARY PROVISIONS

Citati- 1. These Regulations may be cited as the Environmental

on Management (Prohibition of Plastic Carrier Bags) Regulations, 2019
and shall come into force on the 1st day of June, 2019.

Appl- 2. These Regulations shall apply to the import, export,

ication manufacturing, sale, supply, storage and use of plastic carrier bags
within Mainland Tanzania.

Inter- 3. In these Regulations, unless the context otherwise requires-

pretat-
ion
Cap 191 “Act” means the Environmental Management Act;
“alternative carrier bags” means any bag made from organic material
or woven recyclable material or non-woven material without
plastic content or any such materials as the Minister may
determine from time to time;
“Council” means the National Environment Management Council as
established by the Act;
“Director General” means the Director General of the National
Environment Management Council;
“Minister” means the Minister responsible for matters relating to
the Environment;
“plastic carrier bag” means a bag made of plastic film, with or
without handles, or gussets and to which its layer is in
any thickness;
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GN. NO. 394 (Contd.)

“plastic packaging” means plastic wrapping or casing or container

prepared in advance to seal goods to protect from deterioration
or contamination with other goods or extraneous matter, with a
tamper proof seal and labeled to describe the product before
sale or distribution or offer;
“plastic packaging for agricultural sector” means plastic wrapping or
casing or sheets used for mulching or seedling or greenhouse
or reservoir and irrigation system or crop collection, storage
and transportation;
“plastic packaging for construction industry” means plastic wrapping,
casing or sheets used for handling construction materials or
damp-proof in buildings or pipes or cables or tiles or storage
tanks or temporary structures or insulation or any other related
functions;
“plastic packaging for food processing" means plastic wrapping or
casing or container prepared in advance to preserve quality of
foodstuff or protect foodstuff from contamination with other
goods or extraneous matter, with a tamper proof seal or labeled
to describe the product before sale or distribution or offer;
“plastic packaging for industrial products” means plastic wrapping or
casing or container prepared in advance, to preserve quality of
industrial goods or protect from contamination with other
goods or extraneous matter, with a tamper proof seal or labeled
to describe the product before sale or distribution or offer;
“plastic packaging for medical services” means plastic wrapping or
casing or container used in the furnishing of medicine or
medical or surgical treatment or nursing or hospital services or
dental services or optometrical services; or complementary
health services; or any other necessary services of like
character whether or not contingent upon sickness; and
“plastic packaging for sanitary and waste management” means large
sized plastic carrier bag solely for collecting and handling of
solid waste, with a minimum thickness and size to be
prescribed by order of the Minister.

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GN. NO. 394 (Contd.)

PART II
OBJECTIVES

Objecti 4. The objectives of these Regulations are to-

ves of
Regulati
ons
(a) impose a total ban on the import, export, manufacturing,
sale, and use of plastic carrier bags regardless of their
thickness;
(b) protect human and animal health as well as the
environment from the likely adverse effects of utilisation
of plastic carrier bags; and
(c) provide economic and financial incentives for the
production and importation of alternative carrier bags.

PART III
PROHIBITION OF PLASTIC CARRIER BAGS

Prohi- 5. All plastic carrier bags, regardless of their thickness are

bitio-n prohibited from being imported, exported, manufactured, sold, stored,
on
plast-ic supplied and used in Mainland Tanzania.
carri-er
bags

Prohi- 6. Without prejudice to the provision of regulation 5, no

bition person shall sell or offer for sale beverages or other commodities
on
plast-ic wrapped in plastics unless the nature of such commodities require
wrap- wrappings by plastics.
ings

Prohi- 7. No licensing authority shall, after coming into force of these

bition Regulations, register or issue a license or permit to any person
on new
licences intending to import, export, manufacture or sell plastic carrier bags that
have been prohibited by these Regulations.
Offenc- 8. Any person who imports, exports, manufactures, sells,
es and stores, distributes, supplies, possesses and uses plastic bags and plastic
penalty-
es wrappings in contravention of this Part commits an offence and shall,
upon conviction be liable, in case of-
(a) manufacturing or importation, to a fine of not less than
twenty million shillings but not exceeding one billion or to

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imprisonment for a term not exceeding two years or to

both.
(b) exportation, to a fine of not less than five million shillings
but not exceeding twenty million or to imprisonment for a
term not exceeding two years or to both
(c) storing, supplying and distributing to a fine of not less than
five million shillings but not exceeding fifty million or to
imprisonment for a term not exceeding two years or to
both.
(d) selling, to a fine of not less than one hundred thousand
shillings but not exceeding five hundred thousand shillings
or to imprisonment for a term not exceeding three months
or to both.
(e) possessing and using to a fine of not less than thirty
thousand shillings but not exceeding two hundred thousand
shillings or to imprisonment for a term not exceeding
seven days or to both.

PART IV
EXEMPTIONS

Exem- 9. Without prejudice to the provisions of regulation (5), plastic

ption of or plastic packaging for medical services or industrial products or
plastic
packag- construction industry or agricultural sector or food processing or
ing sanitary and waste management are exempted from the prohibition.

Manag- 10. Any person who imports, exports, manufactures, sells,

ement
of waste stores, distributes, supplies, posses and uses plastic packaging
exempt- exempted under these Regulations shall ensure that the waste
ed exempted plastic packaging are managed and disposed of in
plastic accordance with the Environmental Management (Solid Waste
packag-
ing
Management) Regulations and the Environmental Management
G.Ns (Hazardous Waste Control and Management) Regulations.
Nos.
263 of
2009
and 264
of 2009

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Quality 11.-(1) Any person who imports, exports or manufactures

standar- plastic packaging which are exempted by these Regulations shall
ds of
exempt- ensure that such products meet the quality standards prescribed by the
ed Tanzania Bureau of Standards.
plastic
package
-ing
(2) The Minister shall promote the production and use of
alternative carrier bags and wrappings.

Duty to 12. Subject to regulation 6, any person who imports,

manage manufactures, supplies or sells commodities wrapped in plastics shall
plastic
wrappi- ensure that the plastic wrappings are managed or disposed of in
ngs. accordance with the Environmental Management (Solid Waste
Management) Regulations, 2009.

PART V
COMPLIANCE AND ENFORCEMENT

Powers 13.-(1) The Minister may periodically issue guidelines, orders

of or directives in order to facilitate the implementation of these
Minister
Regulations.
(2) Without prejudice to the generality of sub-regulation (1),
the Minister may:-
(a) in consultation with the Minister responsible for Finance,
prescribe financial and economic incentives to encourage
the production and importation of alternative carrier bags
and the setting up of plastic recycling and waste
management facilities.
(b) designate environmental inspectors at all custom entry
points to ensure compliance and enforcement of these
Regulations.

Integrat 14. The Council in collaboration with the ministry responsible

ed for trade and industry, Tanzania Revenue Authority, The Tanzania
enforce
ment Ports Authority, The Tanzania Airports Authority, The Police Force,
and The Tanzania Food and Drugs Authority, Chief Government Chemist
complia Laboratory Agency, Tanzania Bureau of Standards, Immigration
nce Department and such other relevant government organs shall in the
exercise of their statutory mandates ensure compliance and
enforcement of these Regulations.

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Roles 15. Local Government Authorities, in addition to their roles

and and functions on waste management provided for in the Act and in the
function
-ns of Environmental (Solid Waste Management) Regulations shall-
Local
Govern
ment
Authori
-ties
G.N
No. 263
of 2009
(a) be responsible for ensuring compliance and enforcement of
these Regulations; and
(b) conduct public education and awareness programs on the
importance of the prohibition of plastic carrier bags use as
well as their effects on human health and the environment.

Powers 16. Environmental Inspectors shall exercise such powers and

of functions as conferred upon them by the Act to ensure compliance and
environ-
mental enforcement of these Regulations.
inspect-
ors

PART VI
GENERAL PROVISIONS

Repatri- 17. Any imported consignment of prohibited plastic carrier

ation of bags or of exempted plastic packaging found at any point of entry in
plastic
bags contravention of these Regulations shall be repatriated to the country of
export at the cost of the importer.

Confis- 18.-(1) Without prejudice to the provisions of regulation 17,

cation plastic carrier bags found in contravention of these Regulations shall be
and
disposal confiscated and disposed of or recycled in an environmentally sound
of manner under the supervision of the Council or environmental
plastic inspectors, at the cost of the offender.
carrier
bags
(2) The relevant authorities shall ensure that any plastic
carrier bags entered in Tanzania Mainland in contravention of these
Regulations, are confiscated at the point of entry and disposed of or
recycled in an environmentally sound manner under the supervision of
the Council or environmental inspectors.

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Mandat- 19. Without prejudice to the provisions of regulation 5, any

ory manufacturer or supplier of products contained in plastic bottles shall
take-
back of set-up, operate or participate in a take-back system in collecting their
waste respective waste plastic bottles for recycling purposes, provided that no
plastic additional price is chargeable for that service.
bottles

Compo 20.-(1) The Director General or an Environmental Inspector

unding for the purposes of enforcement of these Regulations, may compound
of
offences any offence under these Regulations from any person who shows
willingness to pay the sum of money as penalty for contravening the
provisions of these Regulations.
(2) Without prejudice to the provisions of sub-regulation (1),
any person designated by the relevant Local Government Authority for
the purposes of enforcement of these Regulations, may compound the
offence under regulation 8(e) from any person who shows willingness
to pay the sum of money as penalty.

(3) Subject to the provisions of regulation 8, no further

penalty shall be imposed against a person in respect of whom powers to
compound offence has been exercised.

Orders 21. The Court may, in addition to any conviction granted

issued pursuant to these Regulations, issue the following orders:
by the
Court
(a) forfeiture of plastic carrier bags;
(b) closure of the production unit;
(c) cancellation of licenses; or
(d) impose community service.

Appeals 22. A person who is aggrieved by any decision made under

to these Regulations may appeal within thirty days of that decision
Minister
appeal to the Minister.

Appeals 23. A person who is aggrieved by the decision of the Minister

to may within thirty days from the decision appeal to the Environmental
Tribun-
al Appeals Tribunal in such manner as may be prescribed by the Tribunal.

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GN. NO. 394 (Contd.)

Revoca- 24. The Environmental Management (Control of Plastic Bags)

tion of Regulations, 2015 is hereby revoked.
GN.
No. 271
of 2015

Dodoma, J ANUARY Y. MAKAMBA

11th May, 2019 Minister of State, Vice President’s Office
(Union Affairs and Environment)

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